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Judgment Search Results Home > Cases Phrase: mediation Court: us supreme court Year: 1953 Page 1 of about 53 results (0.058 seconds)

Mar 16 1953 (FN)

Heikkila Vs. Barber

Court : US Supreme Court

Decided on : Mar-16-1953

..... history 311, 325. [ footnote 8 ] ludecke v. watkins, 335 u. s. 160 (1948); american federation of labor v. labor board, 308 u. s. 401 (1940); switchmen's union v. national mediation board, 320 u. s. 297 (1943); stark v. wickard, 321 u. s. 288 (1944). [ footnote 9 ] the senate committee said, "the last [finality] provision, while new in this particular location .....

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Dec 08 1953 (SC)

Chilukuri Venkateswarlu Vs. Chilukuri Venkatanarayana

Court : Supreme Court of India

Decided on : Dec-08-1953

Reported in : AIR1954SC176; (1954)IMLJ152(SC); [1954]1SCR424

..... separation agreement. such an inference not only goes against the tenor or the express terms of the documents but is not borne out even by the evidence of the mediators through whose mediation the documents were brought into being or of the persons who were admittedly present at the time when the documents were executed and signed the same as attesting witness ..... , says in his deposition that the documents were read over to the executant and be executed them after consenting to the recitals, p.w. 5, who was one of the mediators, says that defendant no. 2 used to live in the mud-terraced house after compromise. unless there is cogent evidence to the contrary - and apparently there is no such evidence ..... . it appears that, before this application for leave to sue as a pauper was heard by the court, there was an amicable settlement arrived at between the parties through the mediation of certain well-wishers and two documents, namely exs. p-5 and p-6, were executed by and between the parties both on the 28th september, 1942. exhibit p-5 .....

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Oct 26 1953 (SC)

Wali Singh Vs. Sohan Singh

Court : Supreme Court of India

Decided on : Oct-26-1953

Reported in : AIR1954SC263

jagannadhadas, j. 1. this appeal arises out of a suit for declaration that the property, details of which are given in. the plaint, are jointly possessed and owned by the plaintiff and the defendant, the plaintiff owning 3/4th share and defendant 1/4th share. the suit was decreed by the trial court. but on appeal, the high court of punjab reversed the decree. hence the appeal to this court. the facts out of which this litigation arises are as follows:2. the suit properties admittedly belonged to one kahan singh who is the common ancestor of both the parties. the following pedigree shows the relationship:kahan singh|-----------------------------------| |kirpal singh mohar singh| -----------|shiv singh|------------------------- | |wali singh pritam singh(plaintiff) |sohan singh (deft.) the plaintiff, wali singh, son of shiv singh was admittedly adopted by kirpal singh. the-dates of birth and adoption of wali singh were both matters in dispute in the suit. but it was found by the trial court that wali singh was born on 2-3-1904, during the life-time of kahan singh and that he was adopted on 24-8-1918, long after kahan singh's death which occurred on 12-11-1906. these findings have been accepted by the appellate court and are no longer in dispute before us. kahan singh left him surviving only one of his sons, kirpal singh and two great-grandsons, wali singh and pritam singh, sons of shiv singh. both mohar singh and shiv singh predeceased him.on kahan singh's death there was .....

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Jan 23 1953 (SC)

ThakuraIn Raj Rani and ors. Vs. ThakuraIn Dwarka Nath Singh and ors.

Court : Supreme Court of India

Decided on : Jan-23-1953

Reported in : AIR1953SC205; [1953]4SCR913

bhagwati, j. 1. this is an appeal from the judgment and decree passed by the late chief court of oudh, affirming the judgment and decree passed by the civil judge of sitapur, dismissing the plaintiffs' suit. 2. one, thakur shankar bux singh, proprietor of the estate known as rampur kelan, situated in district sitapur (oudh) was heavily indebted and the estate had been in the possession of deputy commissioner of sitapur as receiver from 1892 up to 11th july, 1901. thereafter he was declared a disqualified proprietor under the provisions of 8(d)(1) of the u.p. court of wards act (u.p. act iii of 1899) and the court of wards took possession of the estate on the 1st august, 1901. under section 34 of the act he was not competent to dispose his property by will without the consent in writing of the court of wards, though prior to the 1st august, 1901, he had made four successive wills, the last being dated 19th june, 1901, under which he gave his estate absolutely to his wife. on the 30th november, 1901, he made a will giving a life interest to his wife and the remainder over to his cousin ganga bux singh after providing for certain legacies by way of maintenance in favour of his three daughters, his father's sister and his mother. the court of wards withheld its consent to this will which thus fell through. on the 7th january, 1904, ganga bux singh executed in his favour a registered deed of agreement agreeing to pay him rs. 50 per month during his lifetime with effect from the .....

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Oct 09 1953 (SC)

Commissioner of Income-tax Vs. Kikabhai Premchand

Court : Supreme Court of India

Decided on : Oct-09-1953

Reported in : [1953]24ITR506(SC)

bose, j.1. this is an appeal by an assessee against a judgment and order of the high court at bombay delivered on a reference made by the income-tax appellate tribunal. the bombay high court refused leave to appeal but the assessee obtained special leave from this court.2. the appellant deals in silver and shares and a substantial part of his holding is kept in silver bullion and shares. his business is run and owned by himself. his accounts are maintained according to the mercantile system. it is admitted that under this system stocks can be valued in one of two ways and provided there is no variation in the method from year to year without the sanction of the income-tax authorities an assessee can choose whichever method, that is to say, the cost price of the stock was wnterred at the beginning of the year and not its market value and similarly the cost price was again entered at the close of the year of any stock which was not disposed of during the yeaar. the entries on the one side of the accounts at the beginning of the year thus balance those on the other in respect of these items with the result that so far as they are concerned the books show neither a profit nor a loss on them. this was the method regularly employed and it is admitted on all hands that this was permissible under this system of accounting.3. the accounting year with which we are concerned is the calendar year 1942. the silver bars and shares lying with the appellant at the beginning of the year were .....

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Feb 02 1953 (FN)

Ftc Vs. Motion Picture Advertising Svc. Co., Inc.

Court : US Supreme Court

Decided on : Feb-02-1953

ftc v. motion picture advertising svc. co., inc. - 344 u.s. 392 (1953) u.s. supreme court ftc v. motion picture advertising svc. co., inc., 344 u.s. 392 (1953) federal trade commission v. motion picture advertising service co., inc. no. 75 argued december 8, 1952 decided february 2, 1953 344 u.s. 392 certiorari to the united states court of appeals for the fifth circuit syllabus 1. respondent produces advertising motion pictures and distributes them in interstate commerce. it had exclusive contracts with 40% of the theaters which exhibit such films in the area where it operates. it and three other companies had exclusive contracts with 75% of such theaters in the united states. the federal trade commission found, upon substantial evidence, that respondent's exclusive contracts unreasonably restrain competition and tend to monopoly, and that their use was an "unfair method of competition" in violation of 5 of the federal trade commission act. it issued an order prohibiting respondent from entering into any such exclusive contract for more than a year or from continuing in effect any exclusive provision of an existing contract longer than a year after service of the order. held: the order is sustained. pp. 344 u. s. 393 -397. (a) the commission did not exceed the limits of its allowable judgment in restricting the exclusive contracts to one-year terms. pp. 344 u. s. 395 -396. 2. a plea of res judicata to the present proceeding of the commission, based on a former proceeding .....

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Jun 19 1953 (FN)

Rosenberg Vs. United States

Court : US Supreme Court

Decided on : Jun-19-1953

rosenberg v. united states - 346 u.s. 273 (1953) u.s. supreme court rosenberg v. united states, 346 u.s. 273 (1953) rosenberg v. united states no. ___, june 18 special term, 1953 argued june 18, 1953 decided june 19, 1953 346 u.s. 273 motion to vacate a stay syllabus the rosenbergs were convicted and sentenced to death for conspiring to violate the espionage act of 1917 by communicating to a foreign government, in wartime, secret atomic and other military information. the overt acts relating to atomic secrets occurred before enactment of the atomic energy act of 1946, but other aspects of the conspiracy continued into 1950. the court of appeals affirmed the convictions, and this court denied certiorari and rehearing. thereafter, several unsuccessful collateral attacks on the sentences were made in the lower courts, and reviews of the decisions thereon were sought in this court. after disposing, in effect, of all such collateral attacks then pending in the courts and denying a further stay, this court adjourned the october term, 1952. at a special term on june 15, 1953, the court denied a motion for leave to file an original petition for a writ of habeas corpus and for a stay, and again adjourned. thereafter, counsel for the rosenbergs applied to mr. justice douglas for a stay, but he denied it, since they raised questions already considered by the court. counsel who had not been retained by the rosenbergs but who represented a "next friend" applied to mr. justice douglas for .....

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Apr 06 1953 (FN)

Western Pac. R. Corp. Vs. Western Pac. R. Co.

Court : US Supreme Court

Decided on : Apr-06-1953

western pac. r. corp. v. western pac. r. co. - 345 u.s. 247 (1953) u.s. supreme court western pac. r. corp. v. western pac. r. co., 345 u.s. 247 (1953) western pacific railroad corp. v. western pacific railroad co. no. 150 argued december 116, 1952 decided april 6, 1953 * 345 u.s. 247 certiorari to the united states court of appeals for the ninth circuit syllabus 1. referring to a united states court of appeals, 28 u.s.c. 46(c) provides that "cases and controversies shall be heard and determined by a court or division of not more than three judges, unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in active service." held: (a) this statute is simply a grant of power to order hearings and rehearings en banc and to establish the procedure governing the exercise of that power. pp. 345 u. s. 250 -259, 345 u. s. 267 . (b) litigants are given no statutory right to compel each member of the court to give formal consideration to an application for a rehearing en banc. pp. 345 u. s. 256 -259, 345 u. s. 267 . (c) the statute does not compel the court to adopt any particular procedure governing the exercise of the power; but, whatever procedure is adopted, it should be clearly explained, so that the members of the court and litigants in the court may become thoroughly familiar with it. pp. 345 u. s. 259 -261, 345 u. s. 267 . (d) whatever procedure is adopted, it should not prevent a litigant from suggesting to .....

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Apr 06 1953 (FN)

New Jersey Vs. New York

Court : US Supreme Court

Decided on : Apr-06-1953

new jersey v. new york - 345 u.s. 369 (1953) u.s. supreme court new jersey v. new york, 345 u.s. 369 (1953) new jersey v. new york no. 5, original, october term, 1950 argued march 9, 1953 decided april 6, 1953 345 u.s. 369 on motion of the city of philadelphia for leave to intervene syllabus new jersey brought an original suit in this court against the state of new york and the city of new york to enjoin a proposed diversion of delaware river water by the city of new york from tributaries within the state of new york. pennsylvania intervened pro interesse suo and participated actively in the litigation. in 1931, this court entered a decree, 283 u. s. 805 , enjoining the state of new york and the city of new york from diverting more than a specified amount of water per day and providing that any party might apply for a modification of the decree at any time. in 1952, the city of new york, with the approval and support of the state of new york, moved to modify the decree so as to provide for the diversion of additional quantities of water. new jersey and pennsylvania filed answers opposing such modification. subsequently, the city of philadelphia moved for leave to intervene, asserting its interest in the use of delaware river water and pointing to the recent grant of a home rule charter as justification for intervention at this point. held: the motion for leave to intervene is denied. pp. 345 u. s. 370 -375. (a) since pennsylvania is a party to this suit, which involves a .....

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Feb 09 1953 (FN)

Brown Vs. Allen

Court : US Supreme Court

Decided on : Feb-09-1953

brown v. allen - 344 u.s. 443 (1953) u.s. supreme court brown v. allen, 344 u.s. 443 (1953) brown v. allen no. 32 argued april 29, 1952 reargued october 13, 1952 decided february 9, 1953 * 344 u.s. 443 certiorari to the united states court of appeals for the fourth circuit syllabus 1. where, on direct review of his conviction, a state prisoner's claim of federal constitutional right has been decided adversely to him by the state supreme court and an application to this court for certiorari has been denied, he has satisfied the requirement of 28 u.s.c. 2254 that state remedies be exhausted before a federal court may grant an application for habeas corpus. pp. 344 u. s. 446 -450. (a) it is not necessary in such circumstances that he pursue in the state courts a collateral remedy based on the same evidence and issues. pp. 344 u. s. 447 -450. (b) section 2254 is not to be construed as requiring repetitious applications to state courts for relief. p. 344 u. s. 448 , n. 3. 2. a denial of certiorari by this court (with no statement of reasons therefor) to review a decision of a state supreme court affirming a conviction in a criminal prosecution should be given no weight by a federal court in passing upon the same petitioner's application for a writ of habeas corpus . (opinion of mr. justice frankfurter, stating the position of a majority of the court on this point.) pp. 344 u. s. 489 -497. 3. on a state prisoner's application for habeas corpus on federal constitutional grounds, .....

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